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In a decision that significantly curtails the reach of the US International Trade Commission (ITC), the US Court of Appeals for the Federal Circuit held the ITC lacks jurisdiction over electronic transmissions of digital data (ClearCorrect Operating, LLC v Int'l Trade Comm'n, No 2014-1527 (Fed Cir November 10 2015)). In practice, this means the ITC may investigate the importation into the United States of allegedly infringing software or data files if importation occurs via physical media (for example, a CD-ROM or thumb drive), but not if it occurs in machine readable form by electronic means (for example via file transfer protocol).

A defendant in a patent lawsuit filed before the IP Court may, as a defence, challenge the validity of the patent in suit, and file a separate invalidation action against the patent with the IP Office. Although the IP Court and the IP Office often agree on patent validity in their decisions, there are sometimes disparities.

The US Patent and Trademark Office (USPTO) recently began two collaborative search pilot programmes, one with the Japanese Patent Office (JPO) and a second with the Korean Intellectual Property Office (KIPO). Both pilot programmes aim to increase patent quality by giving applicants a second prior art search to consider before an initial determination of patentability is made, while also promoting work sharing between patent offices.

Among the many challenges in enforcing IP rights in developing countries such as Vietnam, those that arise from violations occurring on the internet may be the most difficult to handle. However, an American entertainment production company's recent success in dealing with online copyright violations shows that progress can be made with the right strategy.

IP stakeholders from around the world agreed four Resolutions on patents, trade marks, copyright and trade secrets at the AIPPI World IP Congress in October. Sarah Matheson discusses each of them

IP practitioners convened at the Fairmont Hotel in San Jose to discuss the biggest issues and trends of the year. Leading topics on the day included career advancement, leadership and patent reform, as Alice O’Donkor reports

A patent dispute between Gillette and Dollar Shave Club, Jawbone using an unusual tactic against Fitbit, a copyright case brought by the heirs of Abbott and Costello being thrown out, the latest in the Happy Birthday saga and the prevalence of older patents being used in litigation were in the IP headlines in the past week

EPO President Benoît Battistelli told us he believes he has the support of the majority of staff for his reform programme, and denied he was cracking down on freedom of speech, in an interview with Managing IP this week

Non-practicing entity eDekka has been ordered to pay attorney fees by Judge Rodney Gilstrap of the Eastern District of Texas after it “repeatedly offered insupportable arguments on behalf of an obviously weak patent”

At the end of a challenging year for the European Patent Office, its president Benoît Battistelli is defiant about the changes he wants to make, and insists he will not be changing course